New Jersey Section 2C:28-2 – False swearing
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New Jersey’s False Swearing Law – Section 2C:28-2 Explained
False swearing is a serious crime in New Jersey that involves making false statements under oath. This article will explain the key aspects of New Jersey’s false swearing law, Section 2C:28-2, including what constitutes false swearing, potential defenses, penalties, and real-world examples.
What is False Swearing?
Under Section 2C:28-2, a person commits false swearing if they:
- Make a false statement under oath, equivalent affirmation, or swears/affirms the truth of a false statement previously made
False swearing applies to statements made during legal proceedings, affidavits, depositions, certifications, and declarations made under penalty of perjury. The oath or affirmation can be made before any person authorized to administer oaths, such as a judge, clerk, court reporter, notary public, etc.
The law covers oral statements as well as written ones. It doesn’t matter whether the statement was made voluntarily or in response to a question. Swearing to something you know is false is illegal, even if you are not the original source of the misinformation.
What Are the Penalties for False Swearing in NJ?
False swearing is a crime of the fourth degree in New Jersey. Fourth degree crimes carry the following penalties:
- Up to 18 months in prison
- Up to $10,000 in fines
- Up to 5 years of parole supervision
However, if the false statement was made in an official proceeding involving a criminal investigation or prosecution, false swearing becomes a crime of the third degree. Third degree crimes double the potential penalties:
- Up to 3-5 years in prison
- Up to $15,000 in fines
- Up to 5 years of parole supervision
In addition to criminal penalties, making false statements under oath can lead to civil liability for damages caused by the lies. It may also result in disciplinary action by professional organizations and loss of certain licenses/certifications.
What Are Defenses to False Swearing Charges?
There are several defenses that may apply in false swearing cases:
Lack of “Oath”
The defendant can argue no formal oath or affirmation was made, so their statement doesn’t meet the legal definition of false swearing. However, courts interpret “oath” broadly. Declarations made under penalty of perjury are generally considered oaths.
No Knowledge of Falsity
If the defendant can show they did not know the statement was false when they made it, they may be able to avoid conviction. However, recklessly making statements without regard for their truth can still lead to liability.
Recantation
Recanting (admitting the lie and correcting the record) may provide a defense if done quickly before harm is caused. Defendants who recant false statements early in proceedings are sometimes granted leniency.
Diminished Capacity
Mental incapacity preventing the defendant from understanding the nature of their statement and that it was false may provide a defense. However, the impairment must be significant.
Clerical Errors
Minor errors like typos are generally excused, provided the “spirit” of the statement is still true. But material falsehoods can still be false swearing even if accidental.
Real-World Examples of False Swearing
To understand how false swearing applies in practice, here are some examples from real cases:
- A New Jersey man pleaded guilty to false swearing for lying in a certification submitted to a civil court regarding his assets in a divorce case. He failed to disclose over $2 million in cryptocurrency accounts.
- An attorney was convicted of false swearing for falsely affirming he served discovery documents on opposing counsel, when he never actually did. He had submitted a certification saying service was completed.
- A defendant signed an affidavit falsely stating he did not possess any firearms after being ordered to surrender them. When police searched his home, they found multiple guns.
- A plaintiff in a civil case submitted a false certification vastly exaggerating the extent of their injuries to support an inflated damages claim. Their perjury was exposed during cross-examination.
As you can see, false swearing can occur in a wide variety of legal contexts. It is critical to be truthful when making sworn statements. The consequences simply aren’t worth the risk.
When in Doubt, Consult an Attorney
Due to the complexity of false swearing laws, it’s advisable to speak to a criminal defense attorney if you have any concerns about statements you need to make under oath. An attorney can ensure you understand your rights and obligations. They can also defend you if you are falsely accused of lying.
Don’t take sworn statements lightly – be sure to think carefully about what you are affirming and consult counsel if you have doubts. Honesty and integrity are paramount when operating within the legal system. But if you do get charged with false swearing, experienced representation can help mitigate the outcome.
This overview covers the basics of New Jersey’s law against false swearing. Let me know if you have any other questions!
- Link to source for 4th degree crime penalties
- Link to source for 3rd degree crime penalties
- Link about broad interpretation of “oath”
- Link to cryptocurrency false swearing case
- Link to attorney false swearing case